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Section 11 – The Guardians and Wards Act, 1890

The Guardians and Wards Act, 1890

 

 

11. Procedure on admission of application.-

 

(1) If the court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof and cause notice of the application and of the date fixed for the hearing.

 

To be served in the manner directed in the Code of Civil Procedure, 1882 (14 of 1882) 1on

 

the parents of the minor if they are residing in 2(any State to which this Act extends)

 

the person, if any, named in the petition or letter as having the custody or possession of

 

the person or property of the minor the person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant, and

 

any other person to whim, in the opinion of the Court special notice of the applicant should be given, and to be posted on some conspicuous part of the court-house and of the residence of the minor, and otherwise published in such manner as the Court, subject to any rules made by the High Court under this Act, thinks fit.

 

The state Government may, by general or special order, require that when any part of the property described in a petition under sec. 10, sec-section (1) is land of which a Court of Wards could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the Collector in whose district the minor ordinarily resides and on every Collector in whose district any portion of the land is situate, and the Collector may cause the notice to be published in any manner he deems fit.

 

No charge shall be made by the Court or the Collector for the service or publication of any notice served or published under sub-section (2).

 

COMMENTS

 

Section 11 provides that before an order appointing a guardian is passed an opportunity has to be given to all persons having an interest in the minor of being heard and producing evidence showing where welfare of minor lies; Society of Sisters of Chari­ty St. Gerosa Convent v. Karnataka State Council for Child Wel­fare, AIR 1992 Kant 263; See also Salamat Ali v. Majjo Begum, AIR 1985 All 29.

 

—————

1. See now the Code of Civil Procedure, 1908 (5 of 1908).

 

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “a Part A State or a Part C State”.

 

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The Guardians and Wards Act, 1890

 

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